RAKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Sharma, J. This is a revision against the judgment and order dated 10. 11. 1983 passed by Sri. M. S. Premi, the then Special Judge, Jhansi in Special Case No. 1 of 1982, State v. Rakesh Kumar and others convicting the accused-revisionists for the offence under Sections 3/7 of the Essential Commodities Act for violation of Clause-3 of the U. P. Foodgrains Dealers (Licensing and Restriction on Hoarding) Order, 1976 and sentencing each one of them to suffer rigorous imprisonment for a period of 3 months each.

(2.) HEARD the learned counsel for the parties.

(3.) AT the trial the prosecution ex amined S. O. , C. K. Mishra as PW-1 and Ram Avtar driver as PW-2. C. K. Mishra testified to intercepting the truck carrying 106 bags of wheat and 15 bags of paddy and the failure of the accused-revisionists to show dealership licence. He further tes tified that the driver told him that his truck was loaded from Nawabpur Ganga Market for Saharanpur and that the accused revisionists were claiming that they were having dealership licence, that the ac cused revisionists, however, did not claim having any such licence of dealing in the foodgrains. Ram Avtar PW-2, the driver of the truck testified that the accused revisionists had told him that they had licence for dealing in the foodgrains, that this grain was loaded in the truck from Nawabpur Ganga Market for being car ried to Shahjahanpur. In his cross-ex amination, he stated that the foodgrains were purchased by the accused persons from that market in his presence.